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Old 04-24-2013, 9:27 AM
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navyinrwanda navyinrwanda is offline
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Originally Posted by Dantedamean View Post
I didn't read all 128 posts but if this hasn't been brought up yet, there is already a LOC lawsuit going through the courts:

http://blog.californiarighttocarry.org
Charles Nichols' pro se case is pretty much exactly what Messrs. Mulay El Raisuli and sholling are asking for.

The federal magistrate is treating Nichols fairly and his performance so far is no better or worse that CGF's local attorneys. Nichols is only on his second amended complaint and he's managed to overcome AG Harris' motions to dismiss. However, since he's being criminally prosecuted by the City of Redondo Beach for violating their local ordinances, Nichols' federal constitutional claims against these local defendants were dismissed pending Younger abstention (Nichols must assert and exhaust his federal constitutional claims in state court before federal courts can exercise jurisdiction). And his damages claims against the local police officers (for confiscating his openly carried weapons, etc.) were dismissed on qualified immunity grounds.

If his second (or third or fourth) amended complaint(s) survives, Nichols may even get an opinion on the merits. But following the Peruta court, any final opinion is likely to conclude that California's open carry ban does not operate as a total prohibition because concealed carry is available as an alternative. Nichols' second amended complaint also challenges several other aspects of California's carry statutes and appears not to be responsive to the magistrate's findings that earlier versions violated FRCP 8(a)(2), i.e., it contained so many rambling and irrelevant facts and allegations that it failed to “‘give the defendant fair notice of what the... claim is and the grounds upon which it rests.”

But who knows? Nichols might someday find himself (2015, 2016?) at the Supreme Court, successfully arguing that the Second Amendment really does protect open carry and nothing else. I've never claimed to be able to predict the future — just that I can rationally, professionally and in consensus with other legal scholars interpret existing law and court precedent. And no modern court has yet said that the Second Amendment says anything about open or concealed carry.
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